SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to extend the target date for the completion of the above-referenced investigation until February 18,2010.

The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation under section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337 ("Section 337"), on December 19,2003, based on a complaint filed by Amkor Technology, Inc. ("Amkor") alleging a violation of section 337 in the importation, sale for importation, and sale within the United States after importation of certain encapsulated integrated circuit devices and products containing same in connection with several claims ofthree U.S. patents owned by Amkor.

The Commission has not been able to complete its review due to inclement weather that forced the closure of the Federal government for four days.

1 2 3 4 5 6 7 8 9 Court is receipt of a notice filed by plaintiff advising the Court that all claims and counterclaims have been dismissed, and there are no remaining defendants.

Accordingly, the Court orders this matter dismissed it its entirety.

United States District Judge 1 2 3 4 5 6 7 8 9

Background On September 21, 2009, the undersigned issued the Initial Determination ("ID") on the question of violation of section 337 (19 U.S.C. § 1337) finding, inter alia, that it was "established by clear and convincing evidence that claims 1,3, and 4 of [U.S. Patent No. 5,227,335 ("the '335 patent")] are invalid due to anticipation in view ofIBM Process A.[J] No other ground for invalidity has been established."

Alternatively, reading the remand order more broadly than its literal terms suggest, respondents and the IA still must fail in their attempt to prove obviousness.

Indeed, respondents refer to examples in the prior art in which tungsten is deposited by CVD on a titanium "sticking layer," and then etched to planarize the surface.

Hence, neither respondents, nor the IA, have demonstrated by clear and convincing evidence that claim 4 ofthe '335 patent is invalid due to obviousness.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation under section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337 ("section 337"), on December 19,2003, based on a complaint filed by Amkor Technology, Inc. ("Amkor") alleging a violation of section 337 in the importation, sale for importation, and sale within the United States after importation of certain encapsulated integrated circuit devices and products containing same in connection with several claims of three U.S. patents owned by Amkor.

The Commission's efforts to enforce a February 11, 2004, subpoena duces tecum and ad testificandum directed to ASAT resulted in a July 1,2008, order and opinion of the U.S. District Court for the District of Columbia granting the Commission's second enforcement petition.

On September 10-11,2009, a hearing was held to address Carsem's invalidity defenses for which the subpoena to ASAT was obtained.

On December 16, 2009, the Commission issued a notice of its decision to review the supplemental ID and set a schedule for filing written submissions.